Privately owned company organizational structure chart
one person limited liability company is the only one natural person shareholder or shareholders of a corporation limited liability company (Company Law Article 58). One person limited liability company referred to as a sole proprietorship or single company or share company is defined by a shareholder (natural or legal persons) of all investors holding a limited liability company.
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one-person limited liability company, meaning a limited liability features of a person's regulations establish requirements for a person limited advantages and disadvantages of one-person limited liability company, meaning a person's company law in theory have a narrow and generalized distinction. Narrow one-man company refers to only one shareholder, all of the shares owned by a company, also known as the form of the sense of one-man company. Generalized one-man company, including not only the form of the sense of one-man company, but also real sense of the one-man company, that company's true shareholders of only one person, the remaining shareholders only to the real shareholders of a person the benefit of holding shares in the company called on behalf of shareholders This name does not enjoy the true sense of the shareholders equity, and certainly not the shareholders bear the true sense of obligation. The real sense of the one-man company in Western countries particularly the United States is common, because many states the law requires the directors of companies must have a certain amount of shares that the qualifying shares, so the vast majority of the shares of many companies by a ratio of shareholders own the other small percentage of shares owned by the company directors. In addition,
nike air force 1 high, the family's company also is often manifested in real sense of the one-man company. Real sense of the so-called one-man company, its true shareholders of not less than the minimum 95% stake. China's Company Law is the one on the narrow sense of the notion that all of the shares of a company's shareholders to enjoy. In the corporate shareholder, its set up is commonly referred to as one-man company, a wholly owned subsidiary. In addition, China's state-owned companies on the Companies Act, by its nature is also a one-man company, but because of its uniqueness, namely, the establishment who is neither a natural nor legal persons, but solely funded by the state, or local governments by the State Council entrusted the level People's Government State-owned assets supervision and administration agency to perform the responsibilities of investor limited liability company, so it separately as a special type of limited liability company. One company, usually one shareholder himself as a director, manager, and the actual control the company, the lack of checks and balances between shareholders and company checks and balances between the organizations, easy to confuse personal property property of the company and shareholders, the shareholders can be corporate assets for other purposes private, or pay large sums of money for himself, or self-dealing with the company,
air force 1 high, or name of a company or loan guarantees for himself and so on. But one company has its value. First of all, one company complies with the principles of free market economy, reflects the free choice of investment for investors respect. Second, only one company can maximize the use of the limited liability principle investors avoid business risks and achieve maximum economic efficiency. Third, the one case the company can avoid the majority of the shareholders care about each other and calculating the proceedings to avoid the inefficient and cumbersome decision-making process, improve the company's decision-making efficiency. Fourth, certain industries and certain types of enterprises, capital of the strengths and size of the business is not important, but the human factor is crucial, even more advantages of small-scale operation, one company and this is consistent. Meanwhile, legislation can at least prevent a person's shortcomings. The characteristics of a limited liability 1. Shareholder is a person. One shareholder of the company's investor is only one person. Shareholders may be natural, it can be legal. This is a one-man company with limited liability under the general case the differences between companies, limited liability company is usually the case two or more shareholders. This one features the company is also reflected their differences and personal owned enterprises, which investors can only be natural persons, but not legal persons. 2. Shareholder limited liability company debt. The essential characteristics of one-man company with limited liability, the shareholders only limited to the amount of its contribution to the company liable for the debts, the company solely responsible for all its property, when the company property is insufficient to pay off its debts, shareholders do not jointly and severally liable. The Department of one company and the essential differences between sole proprietorship. 3. Organization simplified. One-man company as only a sponsor, so no meeting of shareholders, company law on the exercise of powers by the shareholders in one company is exercised by the shareholders alone. As one company board of directors, board of supervisors, by the articles of association can be set up, you can not set up, the law does not provide it must be established. Of a person's regulations as one company exists above drawbacks, the law allowing the establishment of one-man company at the same time often provide a number of different normal circumstances limited liability company restrictive conditions, one company regulation, designed to prevent shareholders by one-man company shareholders of the independent legal status and limited liability companies engaged in damage to the interests of creditors and other interested parties. One of the Company Law's restrictive conditions: 1. Restrictions on registered capital. In accordance with the provisions of the Company Law, Limited minimum registered capital for 30,000 yuan, but a person's minimum registered capital of 10 million yuan. 2. Restrictions on payment of registered capital. In accordance with the provisions of the Company Law, Limited's shareholders can be paid in installments after the establishment of investment companies, the company paid 2 years after the establishment can be, but one company's shareholders must be paid in a lump sum when the company set up the Articles of Association All capital contributions required. 3. Re-investment restrictions. This limitation is reflected in two aspects: one, a natural person can only be invested in a one-person limited liability company can not invest in a second one-person limited liability company; the other hand, investment by a natural person who had set up a limited liability company can not As a shareholder investment and set a limited liability company. However, this restriction applies only to natural persons, does not apply to legal persons. In other words, a legal person may invest to establish two or more one-person limited liability company established by a legal person limited liability company may be invested in one-person limited liability company, limited liability company to become one of the shareholders. 4. Financial accounting system requirements. One person limited liability company shall in each fiscal year, prepare financial accounting reports and audited by the accounting firm. It is also the difference between sole proprietorship. No of Individual Proprietorship Enterprises individual owned enterprises accounting system to make this mandatory. 5. Mixed personality while joint and several liability of shareholders. A limited liability company's shareholders who can not prove that the property independent of the shareholders own the company's property, that property of the company and the shareholders of occurrence of confused personal property, and then place the company's personality and confused shareholders of personality, this time for Denial System, the shareholders must be jointly and severally liable for corporate debt, the company's creditors and shareholders can be the company as co-debtor recourse. Law Article 64 provides: thirteen, sixty-four regulations, a limited liability company in the establishment, in addition requires the establishment of general limited liability company shall meet the five conditions, but also specifically requested: the company's minimum registered capital for one hundred thousand yuan, the shareholders should be full payment of one-time capital contribution stipulated in the articles. A natural person can only be invested in a one-person limited liability company, the one-person limited liability company can not invest in the establishment of new one-person limited liability company; one-person limited liability company shall in each fiscal year, the preparation of property reports, and audited by accounting firms ; one-person limited liability company's shareholders can not prove that the company property, own property independent of the shareholders, it shall bear joint responsibility for debts of the company. 1, the minimum registered capital of one hundred thousand yuan, and the shareholders should be paid off in full the conditions, making the citizens in the company up for a one-time investment required is indeed much greater than the amount of funding required for a registered limited liability company; 2, the annual accounting firm to accept conditions of strict financial audit will undoubtedly increase the company's regular financial audit of expenditures, the company's financial security and the external supervision of limited liability companies made higher than the audit requirements; 3, the company can only set up to establish a one-person limited liability company the conditions in the objective of a single investor in the future further development of investment and operation; 4, in the company to request the use of funds with other funds the strict separation of individual shareholders, or jointly and severally liable for the company debt conditions makes the defects in the company's financial investors may assume a significant increase in risk of unlimited liability. Advantages and disadvantages of a limited liability company with the 2005 implementation of the new company law, limited liability companies bid for the individual reports and publicity, more and more public opinion gradually formed a very popular argument that the individual has many advantages for a limited liability company , no matter where two or more than one limited liability company is good,
air force 1 shoes, whether this statement is entirely correct? To clarify this issue,
air force one high, we need to understand the concept of a limited liability company and set up procedures. Called a limited liability company,
air force one shoes, is only a natural person or a corporate shareholder of a limited liability company, the company's independence Rengu Dong, funded only in the context of their Foreign limited liability. This requires special attention to the fact that the new Company Law will still be state-owned company and a limited liability company to split the design, so we made a limited liability company, not including state-owned companies. So, a limited liability company in the establishment of the procedure, what specific requirements? The minimum amount of registered capital RMB yuan, the shareholders should be fully paid one-time capital contribution stipulated in the articles. A natural person can only be invested in a one-person limited liability company, the one-person limited liability company can not invest in the establishment of new one-person limited liability company; one-person limited liability company shall in each fiscal year, the preparation of property reports, and audited by accounting firms ; one-person limited liability company's shareholders can not prove that the company property, own property independent of the shareholders, it shall bear joint responsibility for debts of the company. Visit the above terms, we find that in the new Company Law, established by the law of the company's article, the legislative requirements on the conditions of a limited liability company, regardless of the degree from the amount of registered capital, the registration number of one-time payment paid up, shareholders and set a number of companies, the daily operations of the financial situation of the audit requirements and commitment to the conditions of external debt, are higher than on the limited liability company established by the requirements, then how are we to understand the new Company Law that set up a limited liability company not only new this law, but also the establishment of clearly established strict conditions on the establishment of Co legislative intent of it? Created limited liability company system, its purpose is to provide a founder of the company to invest limited funds to set up the company's external legal protection of limited liability. This pattern, cut off shareholders through investment in the company's operating capital and other relations between its own funds, to reduce the risk of the shareholders of the business. It is for this reason, the number of laws in the conditions of the promoters, the mandatory requirements must be met with more than 2 to shareholders of mutual restraint through, to really put to the shareholders of its own funds with other operating funds separation of legislative intent. This can be done only to avoid high risk venture, but also to prevent the shareholders will be confused with company funds and own funds, discretionary spending, or misappropriated, causing the company's external ability to bear civil debt reduction. The new Company Law allows the establishment of a limited liability company, the number of shareholders are no longer required to maintain two or more people, from a favorable point of view, can greatly stimulate the enthusiasm of citizens of an independent business, thereby contributing to social idle capital and liquidity to invest,
nike air force one, ultimately massive increase in the total economy; from negative perspective, as a limited liability company lacks external supervision of the other shareholders and investors while avoiding the excessive investment risk, but the company reduced the chance of free operating assets, shareholder's investment and the degree of risk pooling personal assets, and shareholders of the company's external debt and intends to take away to escape the possibility of funding has increased significantly. Based on the objective existence of these negative factors, the new Companies Law was enacted, although it ruled out the establishment of a limited liability company is limited, but conditions in the establishment of the conditions to increase the audit, so as to achieve better bring purpose. Analysis of one-person limited liability company to establish the conditions mentioned above, we can conclude that: one person limited liability company set up to request 1, the minimum registered capital of RMB yuan, and the shareholders should be paid off in full the conditions, making the citizens registered in the company one-time investment required to implement than the amount of funds required for a registered limited liability company; 2, the annual accounting firm to accept the conditions of the strict financial audit will undoubtedly increase the company's regular financial audit of expenditures, and the company's financial security proposed external supervision more than the limited liability company audit requirements; 3, the company can only set up to establish a one-person limited liability company the conditions in the objective of the investors in the future single further development of investment and operation; 4 the use of funds in the company to request additional funds with the strict separation of individual shareholders, or jointly and severally liable for the company debt conditions, making the company's financial shortcomings caused investors to jointly and severally liable may be a significant increase in risk. Based on the above analysis, we believe that: invest in the establishment of one-person limited liability company, it should be according to their specific conditions of careful consideration, otherwise, will be in the capital usage, financial costs and debt obligations on too much pressure, the formation of unintended adverse results. Atlas Atlas entry for more extended reading: 1
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